2014 QCCA 1545, 2014 QCCA 1545
Opinion
Ivanova c. United States of America 2014 QCCA 1545 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005707-144 (500-36-006448-123) MINUTES OF THE HEARING DATE: August 20, 2014 THE HONOURABLE MADAM JUSTICE MARIE ST-PIERRE, J.A. PETITIONER ATTORNEY TANIA TCHOBANOVA IVANOVA Me Antonio Perfetto Silver, Sandiford avocats RESPONDENTS ATTORNEY UNITED STATES OF AMERICA THE ATTORNEY GENERAL OF CANADA Me Constantina Antonopoulos Ministère de la Justice Canada APPLICATION FOR JUDICIAL INTERIM RELEASE PENDING JUDICIAL REVIEW OF A DECISION OF THE MINISTER OF JUSTICE ORDERING SURRENDER (
Section 679 of the Criminal Code and
Section 20 of the Extradition Act ) Clerk: Nadia Samy Court Room: RC.18
HEARING 9 h 50 Commencement of hearing. Discussion between the Judge and attorneys. Judgment – see page 3. 9 h 51 End of hearing. (
s) Clerk JUDGMENT [ 1 ] The applicant, "a person sought" under the Extradition Act , presents an application for judicial interim release pending a determination by our court of her motion for judicial review of the Minister's decision under
section 40 of the said Act (pursuant to
section 20 (
c) of the Extradition Act and
section 679 of the Criminal Code ) ; [ 2 ] The applicant establishes that her grounds for challenging the Minister's decision are not frivolous, that she will surrender herself into custody in accordance with the terms of the present order and that her detention is not necessary in the public interest; [ 3 ] The respondent agrees to the judicial interim release subject to conditions hereunder imposed; FOR THESE REASONS , I grant the motion for judicial interim release, subject to the following conditions: ▪ Maintain the deposit of money of 5 000.00$ already made before the greffe of the Superior Court; ▪ Maintain the recognizance of 10 000.00 without deposit by the third party, Steve BUCKLES; ▪ Keep the peace and be of good behaviour and appear in Court whenever required; ▪ Leave her passport to the greffe of the Superior Court and abstain from applying for a new one; ▪ Not leave the Province of Quebec; ▪ Reside at […], Hampstead and not change address without prior authorization of the Court; ▪ Be at this address between midnight and 6 a.m.; ▪ Report to the RCMP once a week at 4225 Dorchester to sign the register every Wednesday starting on August 27, 2014; ▪ Not communicate with Richard Allen GOODHEART, April Frances MUIR, Kenneth GOUCHER, George CHRYSSANTHOPOULOS, Paul IFEJEH, Walter WUELFRATH, Arlene GRUNDY, Van Wade BEDFORD, Alberino MAGI, Kevin Spencer POWER, John POWER, Mark DASH, Adrien STEPHENSON, Jeremiah MOSHER, Jeffrey Morris JACOBSON, Vijayakumar RAMAKRISHNAN and John Felix ALEXANDER except in the presence of their attorneys and for the preparation of this case; ▪ Abstain from making any transactions at a MoneyGram or Western Union or any other money transfer company; ▪ Abstain from directly or indirectly working in telemarketing in any capacity; ▪ Surrender into the custody of the Maison Tanguay Detention Center no later than 4 p.m. on the day before the hearing of her
application for judicial review. The petitioner acknowledges having been informed that her failure to do so may result in her application being dismissed without a hearing. MARIE ST-PIERRE, J.A.
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